AN
ACT Relating to providing educational and instructional materials about the
experiences of persons of Japanese descent during World War II to K-12 and
postsecondary students and other citizens of the state of Washington; and
adding new sections to chapter 28A.300 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that:
(1)
In order to adequately prepare our youth for their meaningful participation in
our democratic institutions and processes, there must be strong educational
resources aimed at teaching students and the public about the fragile nature of
our constitutional rights.
(2)
The federal commission on wartime relocation and internment of civilians was
established by congress in 1980 to review the facts and circumstances
surrounding executive order 9066, issued on February 19, 1942, and the impact
of the executive order on American citizens and permanent residents, and to
recommend appropriate remedies.
The
commission of wartime relocation and internment of civilians issued a report of
its findings in 1983 with the reports "Personal Justice Denied" and
"Personal Justice Denied-Part II, Recommendations." The reports were
based on information gathered through twenty days of hearings in cities across
the country, particularly the West coast. Testimony was heard from more than
seven hundred fifty witnesses, including evacuees, former government officials,
public figures, interested citizens, historians, and other professionals who
have studied the internment of Japanese-Americans during World War II.
(3)
The lessons to be learned from the internment of Japanese-Americans during
World War II are embodied in "Personal Justice Denied-Part II,
Recommendations" which found that executive order 9066 was not justified
by military necessity, and the decisions that followed from it were not founded
upon military considerations. These decisions included the exclusion and
detention of American citizens and resident aliens of Japanese descent. The
broad historical causes that shaped these decisions were race prejudice, war
hysteria, and a failure of political leadership. Widespread ignorance about
Americans of Japanese descent contributed to a policy conceived in haste and
executed in an atmosphere of fear and anger at Japan. A grave personal
injustice was done to the American citizens and resident aliens of Japanese
ancestry who, without individual review or any probative evidence against them
were excluded, removed, and detained by the United States during World War II.
(4)
A grave injustice was done to both citizens and permanent residents of Japanese
ancestry by the evacuation, relocation, and internment of civilians during
World War II. These actions were carried out without adequate security reasons
and without any documented acts of espionage or sabotage, and were motivated
largely by racial prejudice, wartime hysteria, and a failure of political
leadership. The excluded individuals of Japanese ancestry suffered enormous
damages, both material and intangible, and there were incalculable losses in
education and job training, all of which resulted in significant human
suffering for which appropriate compensation has not been made. For these
fundamental violations of the basic civil liberties and constitutional rights
of these individuals of Japanese ancestry, the United States congress
apologized on behalf of the nation in the federal civil liberties act of 1988.
NEW
SECTION. Sec. 2. The
legislature intends to develop a grant program to fund public educational
activities and development of educational materials to ensure that the events
surrounding the exclusion, forced removal, and internment of civilians and
permanent resident aliens of Japanese ancestry will be remembered, and so that
the causes and circumstances of this and similar events may be illuminated and
understood.
NEW
SECTION. Sec. 3. As
used in chapter . . ., Laws of 2000 (this act), "program"
means the Washington civil liberties public education program, unless the
context clearly requires otherwise.
NEW
SECTION. Sec. 4.
Consistent with the legislative findings in section 1 of this act, the
legislature shall establish the Washington civil liberties public education
program. The program provides grants for the purpose of establishing a legacy
of remembrance as part of a continuing process of recovery from the World War
II exclusion and detention of individuals of Japanese ancestry. The program is
created to do one or both of the following:
(1)
Educate the public regarding the history and the lessons of the World War II
exclusion, removal, and detention of persons of Japanese ancestry through the
development, coordination, and distribution of new educational materials and
the development of curriculum materials to complement and augment resources currently
available on this subject matter; and
(2)
Develop videos, plays, presentations, speaker bureaus, and exhibitions for
presentation to elementary schools, secondary schools, community colleges, and
to other interested parties.
NEW
SECTION. Sec. 5. (1)
The superintendent of public instruction shall allocate grants under the
program established in chapter . . ., Laws of 2000 (this act) from
private donations or within amounts appropriated for this specific purpose.
The grants shall be awarded on a competitive basis.
(2)
The superintendent of public instruction may contract with independent review
panelists and establish an advisory panel to evaluate and make recommendations
to the superintendent of public instruction based on grant applications.
(3)
The superintendent of public instruction shall select grant recipients from
applicants who meet all of the following criteria:
(a)
The capability to administer and complete the proposed project within specified
deadlines and within the specified budget;
(b)
The experience, knowledge, and qualifications necessary to conduct quality
educational activities regarding the exclusion and detention of
Japanese-Americans during World War II;
(c)
Projects that relate the Japanese-American exclusion and detention experience
with civil rights included in the Declaration of Independence and the
Constitution so that this event may be illuminated and understood in order to
prevent similar violations of civil rights in the future;
(d)
Projects that are designed to maximize the long-term educational impact of this
chapter;
(e)
Projects that build upon, contribute to, and expand upon the existing body of
educational and research materials on the exclusion and detention of
Japanese-Americans during World War II; and
(f)
Projects that include the variety of experiences regarding the exclusion and
detention of Japanese-Americans and its impact before, during, and after World
War II including those Japanese-Americans who served in the military and those
who were interned in department of justice camps.
(4)
Applicants for grants under the program are encouraged to do each of the
following:
(a)
Involve former detainees, those excluded from the military area, and their
descendants in the development and implementation of projects;
(b)
Develop a strategy and plan for raising the level of awareness and
understanding among the American public regarding the exclusion and detention
of Japanese-Americans during World War II so that the causes and circumstances
of this and similar events may be illuminated and understood;
(c)
Develop a strategy and plan for reaching the broad, multicultural population
through project activities;
(d)
Develop local and regional consortia of organizations and individuals engaged
in similar educational, research, and development efforts;
(e)
Coordinate and collaborate with organizations and individuals engaging in
similar educational, research, and development endeavors to maximize the effect
of grants;
(f)
Utilize creative and innovative methods and approaches in the research,
development, and implementation of their projects;
(g)
Seek matching funds, in-kind contributions, or other sources of support to
supplement their proposal;
(h)
Use a variety of media, including new technology, and the arts to creatively
and strategically appeal to a broad audience while enhancing and enriching
community-based educational efforts;
(i)
Include in the grant application, scholarly inquiry related to the variety of
experiences and impact of the exclusion and detention of persons of Japanese
ancestry during World War II; and
(j)
Add relevant materials to or catalogue relevant materials in libraries and
other repositories for the creation, publication, and distribution of
bibliographies, curriculum guides, oral histories, and other resource
directories and supporting the continued development of scholarly work on this
subject by making a broad range of archival, library, and research materials
more accessible to the American public.
(5)
The superintendent of public instruction may adopt other criteria as it deems
appropriate for its review of grant proposals. In reviewing projects for
funding, scoring shall be based on an evaluation of all application materials
including narratives, attachments, support letters, supplementary materials,
and other materials that may be requested of applicants.
(6)(a)
In the review process, the superintendent of public instruction shall assign
the following order of priority to the criteria set forth in subsection (3) of
this section:
(i)
Subsection (3)(a) through (d) of this section, inclusive, shall be given
highest priority; and
(ii)
Subsection (3)(e) through (f) of this section, inclusive, shall be given second
priority.
(b)
The superintendent of public instruction shall consider the overall breadth and
variety of the field of applicants to determine the projects that would best
fulfill its program and mission. Final grant awards may be for the full amount
of the grant requests or for a portion of the grant request.
(7)
The superintendent of public instruction shall determine the types of
applicants eligible to apply for grants under this program.
(8)
The office may accept gifts, grants, or endowments from public or private
sources for the program and may spend any gifts, grants, or endowments or
income from public or private sources according to their terms.
NEW
SECTION. Sec. 6. On or
before January 1, 2002, the superintendent of public instruction shall report
to the governor and the appropriate fiscal and policy committees of each house
of the legislature on the types of grants awarded and the accomplishments of
the program established under sections 1 through 5 of this act.
NEW
SECTION. Sec. 7. This
act shall be known as the Washington civil liberties public education act.
NEW SECTION. Sec. 8.
Sections 1 through 7 of this act are each added to chapter 28A.300 RCW.
